Injunctions for Property

Question 1

Injunctions for chattels?

Answer 1

Chattels - if the goods have a peculiar uniqueness or value, and damages at law would not be an adequate remedy, an equity may arise. Cook v Rogers

Cook v Rogers
1) wrongful detention of goods alone gives no equity to original owner (remedy must be common law) and
2) it is only when goods have peculiar value and damages would not be adequate that injunctions are used. Being in demand does not mean equity is the appropriate answer. Since the article in question was a motor car of no peculiar value other than that attaching to motor cars generally, Equity will not step in to return property to a plaintiff, even if goods were taken wrongfully or are in short supply/difficult to obtain. Thus, P’s remedy is at common law.

Question 2

Injunctions for trespass to land?

Answer 2

Trespass to Land - WHAT: Injunctions are the preferred remedy for safeguarding property rights, and it is only in exceptional cases where the plaintiff will be limited to damages. More likely than damages, the judge will grant an injunction and then subsequently suspend it. Injunctions are available to restrain trespass and nuisance Goodson v Richardson
Even when the alternative is extremely expensive, reaffirmation that injunction usually given as of right in trespass. Even though injury was nominal and alternative was very expensive, this was only private utility, deliberate and permanent trespass, bad faith (John Trenberth Ltd v National Westminster Bank Ltd).
Plaintiff has the right to exploit his own property and exclude others (Goodson)

Question 3

What is the test for the exception to trespass to land?

Answer 3

Exception - TEST: While a plaintiff has these rights, a court may order & suspend an injunction from trespass if (1) the defendant’s conduct has social utility; (2) the defendant does not act deliberately to trespass; (3) trespass is temporary; (4) D operates in good faith; (5) no alternative for defendant; (6) no injury to plaintiff. (Woollerton):

Question 4

Explain injunction for nuisance?

Answer 4

Nuisance - A nuisance is some indirect or continuing interference with one’s enjoyment of the land that is not tolerable for an ordinary person – there must be some unreasonable use and some substantial interference with the use & enjoyment of land (Royal Anne Hotel).
- Tougher to get an injunction than for trespass. If damages are calculable, then damages may suffice instead.

Question 5

What are the factors favouring an injunction for nuisance?

Answer 5

FACTORS FAVOURING INJUNCTION: There are several factors that favor an injunction to protect property in nuisance cases:
(1) If courts regularly give damages for nuisance, they will be seen as sanctioning private expropriation (offender is buying an intrusion into neighbour’s property)
(2) it is unlikely that the defendant will be able to compensate all those suffering harm; and
(3) Injunctions may be more long-term solution

Question 6

What are the factors favouring damages for nuisance?

Answer 6

FACTORS FAVORING DAMAGES: There are two general factors to consider that favor damages
(1) Where the interest protected by the injunction is disproportionate to the social cost involved; and (Miller v Jackson)
o Where D’s activity is a nuisance, but it would be a problem to stop it (e.g. economic reasons), then P may be granted an injunction which will be vacated upon payment of permanent damages: Boomer v. Atlantic Cement
(2) if a compromise can be found that involves some payment
(3) efforts taken to mitigate risk (Miller v Jackson)
(4) low likelihood of injury (when weighed against social utility)

Question 7

Nuisance: Explain Suzuki case

Answer 7

 Context is key, in balancing, the courts may consider
* Character of the neighbourhood – AC units were common
* Frequency or duration of nuisance - 24/7
* Utility of the activity – private benefit
* Nature and severity – Suzuki’s were unable to sleep/had to visit a doctor for treatment

Question 8

Nuisance: Explain Boomer v Atlantic

Answer 8

o Boomer v Atlantic
 Economic scale matters – weigh the benefit of an injunction against the loss
 In substitution for an injunction, permanent damages will be awarded where the loss recoverable is small in comparison to the cost of removal of the nuisance.